My husband has filed for separation on grounds of cruelty

Amanpreet (Querist) 25 January 2018 This query is : Resolved
I am married for last 15 years and my husband has filed for divorce on grounds of cruelty . I am staying in my matrimonial house with my 10 years old daughter alone .his parents have passed away . He has shifted to another house as he is having an extra marital affair and wants to settle down. How can I stop the divorce. It's been 3 years he has filed and I am contesting the case. Please advise how to dismiss the case . He is saying that by this year end he will get the divorce decree from the court even if I contest . Please help

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Vijay Raj Mahajan (Expert) 25 January 2018
His own wrong will cost him a lot in the divorce proceedings. The Family Court will decide the case on the basis of evidence of both parties. The husband, deserting the wife and minor child and staying with another woman is an act on the basis of which his divorce petition filled against the wife on the ground of cruelty will fail.
The husband's real intention was to leave his married wife and live with another woman in a legal manner and for this reason the divorce proceedings were filled by him.
You need to bring on record the evidence about his living or having extra marital relationship with another woman during his existing marriage with you and the Family Court on this basis will dismiss his divorce petition.

Guest (Expert) 25 January 2018
Not possible to get the case dismissed. Do you believe that the family court can take any punitive measure against your husband for his extramarital affair or you would leave your own habit of cruelty towards your husband? Even your allegation of extramarital life of your husband can pave way towards the success of divorce case. Both ways, i.e., extramarital life or your cruelty can lead to divorce.

Guest (Expert) 25 January 2018
Don't forget one basic thing, law can provide you the way of separation, but cannot not pave way of living life of love and harmony. That depends on mutual trust between both the husband and wife.

Frankly speaking, both of you seemed to have opted for the path of ruining life, not only of both of yours, but also of your daughter's future. Just think, even if your get the divorce case dismissed on the plea of your husband's living as extra marital life or even by other tactics, would you be able to compel your husband to abandon his extramarital life or save your own marital life? The problem would remain the same, rather can get enhanced.

Instead of thinking of getting dismissing of the case, think about the change of behaviours of both the sides, which would work automatically to get the case withdrawn. If you want to save your matrimonial life and get rid of his habit of extramarital life the remedy for both lies in the change of your own attitude and behaviour towards your husband. Patch up somehow or the other by getting intervention of elders of both the sides and start the habit of love and care of your husband.

Adv. Yogen Kakade (Expert) 25 January 2018
Contest your part of case strongly.. even though he has made some allegations towards cruelty caused by you, he need to produce evidences in support. If you do not want divorce, then specifically mention the fact before the court.

adv. rajeev ( rajoo ) (Expert) 25 January 2018
He has to prove the cruelty then only he will get the divorce. In the said petition you can file an application for interrium maintenance for you and your child.

Amanpreet (Querist) 25 January 2018
We were advised to go for counselling to a marriage counsellor but he denied in front of the judge . I pleaded to go for counselling for nothing helped . I want to save the marriage anyhow. I have spoken to him many a times to withdraw the case but he is not willing to do so.

Guest (Expert) 25 January 2018
If he has refused for counseling, there must be something that he took very seriously on your part. Make a review of the uttering & events with him. Try to reconcile on those issues that he took very seriously.

However, detailed examination of the divorce petition only may be needed to understand where things can go wrong in order to form some purposeful opinion for further guidance. In the absence of that any advice on hit & trial method may not help you in any way.

Rest depends upon your own wisdom.

Guest (Expert) 25 January 2018
Refusal by your husband from counselling, itself reveals, as if the matter has gone beyond repair.Taking that in casual manner may not help you. Consult in person with some very experienced expert.
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N.K.Assumi (Expert) 25 January 2018
Your marriage seems to have break down beyond repair. The sheet anchor of matrimonial home is their love, amity, sympathy, understanding and caring for each other, and if that is missing a matrimonial home is just an empty shell. No spouse would withdraw from the other unless those are lost, and using force or through pressure of the court will only turn bitter and bitter resulting in bitter half. If all attempts fail for reconciliation, better go for mutual divorce.

Vijay Raj Mahajan (Expert) 25 January 2018
Love, trust, sympathy, understanding has to be mutual between both parties in happy matrimonial home and when these lack, marriage break irretrievably. To say the spouse moves out of marriage when unless these are lost may be right in some cases but not in all. Here husband moved out not of any compulsion or lack of these from his wife but because of his own selfish desire to enter in relationship with another woman. Unfortunately there is no law for punishment of other woman who enter in life of married couple, snatch away the husband and break the marriage.
Supreme Court of India is deciding issue of punishment for wife who indulge in adulterous relationship with man other than her husband u/s 497 IPC, as the other man who can be punished under this section, but not about punishment for other woman who indulge in adulterous relationship with a married man. The wife in such cases left with no other option but to either get divorced or resist divorce being sort by the husband who is only interested in other woman, ignoring his married wife and child.

Guest (Expert) 25 January 2018
@ Shri Vijay Raj Mahajan,

Sir, none of us can guess whose fault is or whether the man has left wife because of his selfish desire or sue to some other reason.
But one thing is sure, lacunae in law would ever remain as usual and can cause hurdles in justice and delay in settlement of cases.No law can tackle all types of problems of human being in perfect manner.

N.K.Assumi (Expert) 26 January 2018
Three years legal battle is enough for all to see that the marriage is now beyond repair, unless by some miracle the marriage can be saved.A house is built by hands, but a home is built by heart, and if it dies there, no power on earth can save it.

Dr J C Vashista (Expert) 27 January 2018
Very well analysed, opined and advised by experts on the basis of information provided by author, I fully agree and appreciate their acumen .
However, what is the opinion and advise of your lawyer who is better equipped with the facts and circumstances of your case? Why do you need second opinion on such an issue except the fact it is available FREE OF COST?
He is not solely responsible for such "unfortunate" circumstances where he has been compelled to file case for divorce after 15 years of married life having a 10 years old daughter.
Try and resolve your differences with your husband amicably, otherwise, part your ways with mutual consent.

My husband has filed for separation on grounds of cruelty

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